Mahadeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23982 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -KHAIRA District- JAMUI ======================================================

1. Mahadeo Yadav son of Late Hemu Yadav, Resident of village- Gangti Bishanpur, P.S.- Khaira, District- Jamui .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dipak Kumar For the Opposite Party/s : Mr. Satyaverat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-05-2016 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 341, 448, 323, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that on 09.02.2016 at 7:00 P.M while the informant was teaching his children in his house heard the gunshot firing, whereupon the informant came out of his house and saw co-accused Umesh Tanti, Kedar Tanti with fire arm and accused persons armed with lathi and sword fleeing away. It is alleged that co-accused Vijay Yadav order to kill the informant, thereafter accused persons entered into the house of the informant and petitioner Mahadeo Yadav assaulted with the butt of the pistol on the head of the informant when co-accused Sanjay Yadav assaulted with khanti on the left eye of the informant, as a result the informant lost his vision. Co-accused Yadunandan Yadav assaulted with sword on the face of the informant and when

Patna High Court Cr.Misc. No.23982 of 2016 (2) dt.30-05-2016 2/2 the wife, children and mother came to rescue then co-accused Manoj Yadav assaulted with lathi on the hand of the mother of the informant. The petitioner also alleged Elchan Yadav, a villager who came to rescue the informant and his family members.

It is submitted by learned counsel for the petitioner that the impugned order reflects that injuries of the informant and his mother have been found to be simple, though opinion with regard to some of the injuries have been kept reserved. There is counter version of the occurrence as F.I.R at the behest of the brother of the petitioner has been registered who received grievous injuries.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 24 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T